# C_2020240EN.01002102.xml

| 20.7.2020 | EN | Official Journal of the European Union | C 240/21 |
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20.7.2020

EN

Official Journal of the European Union

C 240/21

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Judgment of the Court (Sixth Chamber) of 14 May 2020 (request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz — Austria) — NK v MS, AS

(Case C-208/19) (1)

(Reference for a preliminary ruling - Consumer protection - Consumer rights - Directive 2011/83/EU - Scope - Article 3(3)(f) - Concept of ‘contracts for the construction of new buildings’ - Article 16(c) - Concept of ‘goods made to the consumer’s specifications or clearly personalised’ - Contract between an architect and a consumer concerning the drawing up of a plan for a new single-family house)

(2020/C 240/28)

Language of the case: German

Referring court

Landesgericht für Zivilrechtssachen Graz

Parties to the main proceedings

Applicant: NK

Defendants: MS, AS

Operative part of the judgment

| 1. | Article 3(3)(f) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing only, for the latter, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the construction of a new building, within the meaning of that provision. |
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1.

Article 3(3)(f) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing only, for the latter, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the construction of a new building, within the meaning of that provision.

| 2. | Article 2(3) and (4) and Article 16(c) of Directive 2011/83 must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing for the latter, in accordance with the latter’s specifications and wishes, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the supply of goods made to the consumer’s specifications or clearly personalised, within the meaning of that provision. |
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2.

Article 2(3) and (4) and Article 16(c) of Directive 2011/83 must be interpreted as meaning that a contract between an architect and a consumer, according to which the former commits to establishing for the latter, in accordance with the latter’s specifications and wishes, a project for the construction of a single-family house and, in that context, to preparing plans, is not a contract for the supply of goods made to the consumer’s specifications or clearly personalised, within the meaning of that provision.

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(1)  OJ C 172, 20.5.2019

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